Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 13. The general assembly pledges to and covenants with the owner of any bonds issued under this chapter that the general assembly will not limit or alter the ability of the county to fulfill the terms of the agreements or pledges made with bondholders or in any way impair th…

Sec. 14. IC 6-1.1-20 does not apply to the issuance of bonds under this chapter. As added by P.L.153-2014, SEC.17.

Sec. 15. Bonds issued under this chapter do not create a moral obligation of the state to pay all or part of the debt. As added by P.L.153-2014, SEC.17.

Sec. 2. As used in this chapter, "bonds" has the meaning set forth in IC 36-1-2-2. As added by P.L.153-2014, SEC.17.

Sec. 3. (a) Upon request of the county executive, the county fiscal body may borrow money and issue bonds in the name of the county in principal amounts and maturities as the fiscal body determines necessary to provide sufficient funds for the purposes specified in this article, …

Sec. 4. (a) The bonds must be authorized by ordinance of the fiscal body. The ordinance must provide the following with respect to the bonds: (1) The original date of the bonds. (2) The time or times that the bonds mature. However, a bond may not mature more than twenty (20) year…

Sec. 5. An ordinance authorizing the issuance of bonds under this chapter or trust indenture under which the bonds are issued may contain the following provisions: (1) Pledging revenues of the county to secure the payment of the bonds, subject to section 6 of this chapter and exi…

Sec. 6. (a) Except as provided in subsection (b), the county fiscal body may pledge revenues for the payment of principal and interest on the bonds and for other purposes under the ordinance as provided by IC 5-1-14-4, including revenues from the local income tax in Delaware Coun…

Sec. 7. (a) The bonds may be secured by a trust indenture between the county and a bank having the power of a trust company or any trust company. (b) The trust indenture may provide for: (1) protecting and enforcing the rights and remedies of the bondholders as are reasonable and…

Sec. 8. Bonds issued by the county under this chapter must be executed by the manual or facsimile signatures of the executive and attested to by the county auditor. As added by P.L.153-2014, SEC.17.

Sec. 9. Money received from the bonds issued under this chapter shall be applied solely to the purposes for which the bonds were issued, except as provided in IC 5-1-13 and IC 5-1-14. As added by P.L.153-2014, SEC.17.

Sec. 1. (a) The recreational trails program is established. (b) The purpose of the program is to provide funding and other support for the acquisition, construction, or improvement of recreational trails open for public use or trails that will be dedicated to public use upon comp…

Sec. 10. (a) The board may grant an applicant's request for preconstruction project planning design and development costs. (b) A request submitted under subsection (a) must be in writing. (c) The board may not grant a request under subsection (a) if the total design and developme…

Sec. 11. (a) The board: (1) shall review each application; (2) may verify the contents of an application; and (3) may visit the trail site that is the subject of an application. (b) The board shall evaluate each complete application on the basis of the following criteria: (1) Whe…

Sec. 12. The board is solely responsible for all funding commitments and shall determine which projects are funded, subject to availability of money in the fund. As added by P.L.40-1995, SEC.3.

Sec. 13. (a) The board may approve, modify, or deny an application for funds. (b) The board may fund all or part of a project. (c) The board may condition funding upon the applicant's adherence to a time schedule or to fulfillment of an agreement. As added by P.L.40-1995, SEC.3.…

Sec. 14. The board is not required to commit all funds available during a fiscal year. The board may reserve unexpended or repaid money for the next programming cycle or for anticipated present or future project needs or for other contingencies. As added by P.L.40-1995, SEC.3.

Sec. 15. Project costs that exceed the amount granted by the board may not be reimbursed from the fund or the state general fund. Reimbursement of project costs is limited to the percentage match approved by the board and actual eligible project costs incurred. As added by P.L.40…

Sec. 16. (a) After the board has approved funding for a project, the department of natural resources and the applicant must execute a project agreement. (b) Except as provided in subsection (d), the agreement shall specify the responsibilities for project planning, design, real p…

Sec. 17. (a) Actual eligible project costs incurred as specified in the agreement, not to exceed the amounts authorized by the project agreement, must be reimbursed. (b) Project expenditures incurred after the board has made a funding commitment but before execution of the agreem…

Sec. 18. (a) Real property may be acquired by lease, by easement, or in fee simple. (b) If real property is acquired in fee simple, title must be taken in the name of the state. As added by P.L.40-1995, SEC.3.

Sec. 19. The department of natural resources may audit all project costs incurred for compliance with the agreement, including costs that are part of the matching contribution. As added by P.L.40-1995, SEC.3.

Sec. 2. (a) The following are eligible to receive a grant under this chapter: (1) A state agency. (2) A political subdivision. (3) A nonprofit organization. (b) The following may not receive a grant under this chapter: (1) A private trail project. (2) A project for a private purp…

Sec. 20. The board may revoke funding commitments or seek repayment of funds loaned or granted, or take both actions, if any of the following are true: (1) The terms of the project agreement have not been fulfilled. (2) The department of natural resources finds that the applicati…

Sec. 21. (a) If a project is completed and later abandoned, the department shall inform the board as soon as is reasonably possible. (b) After the board receives notification under subsection (a), the board shall consider all possible uses by the state, including continued abando…

Sec. 3. (a) An applicant shall complete and submit an application as prescribed by the department of natural resources. (b) An applicant may submit more than one (1) application in a state fiscal year. (c) Two (2) or more eligible applicants may submit a joint application. A join…

Sec. 5. A proposed project must meet all of the following eligibility criteria: (1) The project must be part of a local, an areawide, a regional, or a statewide plan. (2) The trail route must be designed in a reasonably safe manner and to allow enjoyment of scenic views or points…

Sec. 7. The following costs may not be paid from a grant made under this chapter: (1) Any cost incurred before approval by the board of funding for a project. (2) Routine maintenance of a trail, bridge, culvert, fence, or sign. (3) Winter maintenance of a trail or bridge, includi…

Sec. 8. (a) Notwithstanding section 7 of this chapter, the board may grant a waiver from section 7 of this chapter for specified costs. (b) An applicant must make a written request for a waiver under this section. (c) If the board grants a waiver, the applicant may make the speci…

Sec. 1. (a) In addition to its other powers, the department may enter into a lease or leases with the authority under section 2 or 3 of this chapter for any or all of the purposes set forth in this article. (b) The authority has all the powers necessary and incidental to carry ou…

Sec. 2. (a) A lease entered into under this section must include the following: (1) A statement that the term of the lease is for a period coextensive with the biennium used for state budgetary and appropriation purposes with a fractional period when the lease begins, if necessar…

Sec. 3. (a) A lease entered into under this section must include the following: (1) The term of the lease, which may not exceed weighted average useful life of the project or projects. (2) A provision plainly stating that the lease does not constitute an indebtedness of the state…

Sec. 4. The department may sell, transfer, or convey by any means any transportation system to the authority through negotiation of a lease. The department may lease any existing transportation system or property under its control to the authority for construction of a project, w…

revenue bonds Sec. 5. The department shall pay lease rentals for leases entered into under this chapter and securing bonds issued under IC 8-14.5-6 from revenues transferred to the state highway road construction and improvement fund or the crossroads 2000 fund before making any …

Sec. 1. (a) Before developing or operating a project, a private entity that has been selected as the operator of a project under this article shall enter into a public-private agreement with the authority setting forth the rights and duties of the operator under this article. (b)…

Sec. 2. A public-private agreement entered into under this article must provide for the following: (1) The original term of the public-private agreement, which may not exceed seventy-five (75) years. (2) Provisions for a: (A) lease, franchise, or license of the project and the re…

Sec. 3. In addition to the requirements of section 2 of this chapter, a public-private agreement may include additional provisions concerning the following: (1) Review and approval by the authority of the operator's plans for the development and operation of the project. (2) Insp…

Sec. 5. Notwithstanding any contrary provision of this article, the authority may enter into a public-private agreement with multiple private entities or with another governmental entity, if the authority determines in writing that it is in the public interest to do so. As added …

Sec. 6. The department or any other state agency or governmental entity may perform any duties and exercise any powers of the authority under this article or the public-private agreement that have been assigned, subcontracted, or delegated to it by the authority. As added by P.L.…

Sec. 6.1. (a) If a public-private agreement is terminated or the authority exercises its right or remedies under the public-private agreement with respect to the project before the completion of the construction, reconstruction, improvement, extension, or expansion of the project…

Sec. 7. A freeway project may be constructed or extended in sections as determined by the authority. Each separate section must be separately designated by a name or number, which must also apply to any freeway project to subsequently improve, better, enlarge, extend, or reconstr…

Sec. 8. Neither: (1) the construction, maintenance, or operation of transient lodging facilities on or adjacent to a freeway project; nor (2) a contract for any purpose described in subdivision (1); is considered a freeway project. As added by P.L.205-2013, SEC.154.…

Sec. 9. A freeway project is not subject to user fees otherwise authorized by this article. As added by P.L.205-2013, SEC.155.

Sec. 1. (a) Before beginning: (1) the development; (2) the financing; (3) the operation; or (4) any combination of the development, financing, or operation; of a qualifying project, the operator must enter into a public-private agreement with the department. Subject to the other …

Sec. 1.5. In addition to the other requirements of this article, a public-private agreement entered into under this article must include the following: (1) A requirement for the completion of all environmental analyses of the project required by state and federal law in the manne…

public-private agreement Sec. 10. The department may enter into one (1) or more memoranda of understanding with respect to the implementation and administration of a public-private agreement. The memoranda may provide that the department has responsibility for, and shall administ…

Sec. 2. (a) The department may fix and revise the amounts of user fees that an operator may charge and collect for the use of any part of a qualifying project in accordance with the public-private agreement. In fixing these amounts, the department may: (1) establish maximum amoun…

Sec. 3. In the public-private agreement, the department may agree to make grants or loans for the development or operation, or both, of the qualifying project from amounts received from the federal government, any agency or instrumentality of the federal government, or any state …

Sec. 4. The public-private agreement must incorporate the duties of the operator under this article and may contain the other terms and conditions that the department determines serve the public purpose of this article. The public-private agreement may contain provisions under wh…

public-private agreement Sec. 5. To the extent that the department receives any payment or compensation under the public-private agreement other than repayment of a loan or grant or reimbursement for services provided by the department to the operator, the payment or compensation…